Viv Greene Attorneys

Antenuptial Contracts

Congratulations on your engagement and pending nuptials!

Marriage is most certainly one of the biggest commitments that you will make during your lifetime, and unfortunately, it also ranks among our biggest causes of stress.

In SA it is advisable for couples to sign an Antenuptial Contract (ANC) prior to getting married. This is a legal document that determines what becomes of your possessions in the unfortunate event of death or divorce. Our upfront, all-inclusive fee is among the most competitive in KZN ensuring no hidden costs when you least expect them.

Drop me an email at and I will send you all the details.

Married in Community of Property.

Without an ANC, couples will be automatically married in the Community of Property (COP).

This means there is a joint estate where everything will be split down the middle in the event of divorce. The entire estate is then left vulnerable to creditors with no protection to one person’s assets.

Marriages out of community of property.

There are two options when entering an Antenuptial Contract, this is typically done to protect assets and separate estates. If married with an ANC it’s advisable to purchase assets in the name of the partner less at risk of becoming insolvent. Should insolvency or business liquidation be the case, creditors chase for any personal assets, however, assets in the other partner’s name are protected.

Marriages without Accrual.

A straight Antenuptial Contract implies that parties maintain separate estates from the beginning, during and at the end of the marriage. Any increase or fall in the estate either party would not benefit from the estate. This ANC is appropriate for people who marry more than once or who get married later in life.

Marriages with Accrual.

An Antenuptial Contract with an Accrual is where spouses start with an inception value, which will not be shared in the event of death or divorce, however, parties will equally split the increase in their combined estates. The law states this in a more convoluted way, but essentially the inception values or excluded assets are removed from the combined total of the estates and the remaining value is shared equally between the parties. An ANC with Accrual mimics the sharing benefits of being married in the Community of Property.

The right to share in the Accrual of the other spouse’s estate arises in the event of death, divorce or if a court orders otherwise.

What does an Antenuptial Contract cost?

The fee is R3200.00 INCL VAT and includes drafting, all copies, a letter for your minister/priest/marriage officer, registration fees, and of course the consultation fee.


We are available for consultation with you via Zoom or Whatsapp video.

We will explain the various options available to you and help you decide on which is suited to your needs.

Once you are both happy, we will finalise a Power Of Attorney for you and your fiancé to sign, authorising us to appear before our notary on your behalf. The documents will then get registered in the Deeds office.

The most important thing is that you sign before you get married.


If you prefer to meet with us, all COVID-19 health and safety regulations are adhered too.

This includes a meeting at our office with you and your fiancé where we advise you of the various options and act as a facilitator.

Alternatively, we could have the consult with you via Zoom or Whatsapp video prior to meeting with you in order to save you time when coming in to sign your contract.

Once you have reached an agreement, the contract is then signed and later lodged in the Deeds Office for registration.

Let Viv Greene Attorneys draw up your Antenuptial Contract.

If you would like to know more about Antenuptial Contracts, Fin24 have written a really informative article on the subject. Click Here to read it.

Let’s work together

FAQ - Antenuptial Contracts

  • What is the meaning of antenuptial contract?

    An antenuptial contract is a legal document signed by a couple, regulating the terms and conditions of their marriage. It determines what becomes of their possessions in the event of death or divorce. Upon entering into the agreement, spouses agree to exclude the system of Community of Property from their marriage.

  • When must an antenuptial contract be signed?

    An antenuptial contract must be signed before the wedding ceremony, but does not have to be registered before the wedding. You will be issued with a certificate by the notary as proof for the marriage officer. The contract must be registered within three months of execution (signing), in a Deeds Office in South Africa.

  • Can an antenuptial contract be signed after marriage?

    No, by law you cannot sign an antenuptial contract after marriage. If you did not not properly execute an antenuptial contract before getting married you are by default married in community of property.

  • What does married in community of property mean?

    Being married in community of property means that all the assets and debts from before the marriage are shared in a joint estate between both spouses, and no antenuptial contract will have been signed. The couples separate estates are combined, and each spouse can dispose of the assets as they wish. They are legally equal managers of the joint estate.

  • What is antenuptial contract with accrual?

    An Ante-Nuptial Contract with an Accrual is where spouses start with an inception value, which will not be shared in the event of death or divorce, however, parties will equally split the increase in their combined estates.

  • What is excluded from Accrual?

    Excluded assets owned by either spouse, or even  jointly, that they would like to ignore when calculating accrual.

    By excluding an asset, you prevent your spouse from obtaining any benefit from the growth on the value of that asset during the marriage.

  • What is the difference between a prenuptial and antenuptial agreement?

    There is no difference between an antenuptial agreement, or prenuptial agreement (prenup). The latter term is used more widely in the USA. They are both contracts made between two individuals planning to get married.

  • Viv Greene Attorneys
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    adri koekemoer
    adri koekemoer
    08:43 12 Aug 21
    Viv Greene Attorneys in Pietermaritzburg assisted us in doing our ANC contract the same day we got Married!! Under such... short notice on our side, she still helped us immediately with a smile. We are extremely grateful to have had her support and outstanding services!read more
    unathi Ntantala
    unathi Ntantala
    04:01 11 May 21
    Viv Greene Attorneys is a very warm welcoming and friendly firm. They advised us well during our Pre-nup preparation... and signing. Their staff is very friendly and professional. I will keep them as family Attorney. Their fees are NOT ridiculous at all. Smooth transaction we did! So proud of meeting Vivread more
    Kerryn Hugo
    Kerryn Hugo
    09:53 03 May 21
    My husband and I got married in April 2021, and we wanted to discuss our marriage options with someone.. We were... considering getting an ANC, and a friend recommended Viv Greene Attorneys to us. So grateful for the recommendation! Everyone was so organised and friendly, and Viv was fantastic at explaining everything to us. With all the wedding stress, it was such a relief to have the legal side sorted out so easily 🙂 We highly recommend Viv Greene Attorneys if you need an ANC, and if we ever need an attorney for anything in the future, they will be our first port of call!read more
    Tyla Christy
    Tyla Christy
    14:12 22 Apr 21
    I highly recommend Viv Greene Attorneys. They were extremely professional and efficient. The process was effortless.... Not to mention they are covid compliant. All the precautions were taken! They are safe and thorough!read more
    Samantha Duckworth
    Samantha Duckworth
    16:14 02 Mar 21
    My fiance and I got our marriage contract done with Viv and she was an absolute professional, but above and beyond that... was a real treat to work with. She goes the extra mile and has that personal touch. We 100 percent recommend Viv Greene Attorneys!read more
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